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Michigan Judge Says Medical Marijuana Is Illegal

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By Steve Elliott of Toke of the Town

A suburban Detroit area judge claims that Michigan’s medical marijuana law is illegal, and is trumped by federal drug laws which classify cannabis as a Schedule I substance.

Dearborn District Judge Mark Somers ruled in March in a case involving a man who was caught with pot before he received a medical marijuana card, reports The Associated Press. The patient, Robert Brandon, unsuccessfully tried to have his case dismissed.

The decision by Somers — one of three judges in Dearborn — isn’t binding on other judges in Dearborn or in Michigan. “But anyone appearing in Somers’ court and arguing a medical marijuana defense will lose,” AP reports.

Judge Somers claims that Michigan can’t allow the medical use of marijuana legally when Congress has made it illegal.

Bill DeBiasi, a Dearborn city prosecutor, said the illegality of Michigan’s medical marijuana law was one of his arguments, though not the main one.

Sixty-three percent of Michigan voters overwhelmingly approved the legalization of marijuana for medical uses in 1998. Every county in the state voted for the measure.

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5 Comments

  1. States Rights Forever, doesn’t matter the issue. The mandate of the people must be respected, Any State judge enforcing federal laws should be impeached!

  2. Please simply note that it is the Feds that are saying “hey….all these minor weed charges”….”what we want is the big guys…the dealers and organized criminals. “So Michigan….please hear the FEDS! Leave the little guy alone to make the Feds job easier and the cost of your foolishness goes way way down. No more hero’s in the lost war on drugs!

    t.y.

  3. Judges can be idiots also. I find it amazing how law abiding people allow a judge to rule like this without eliminating him.

  4. Somer’s here is the criminal; I agree he should not wear the robe nor even be in a court of Law!!! This just shows us more how dirty the system is……..

  5. Judge Somers’ job is not to enforce federal laws. His job is to enforce Michigan laws. The federal ban on marijuana has nothing to do with Michigan’s medical marijuana laws in a Michigan state court. It is true that Michigan’s medical marijuana laws would be given no weight in a federal marijuana prosecution of a resident of Michigan caught growing pot in Michigan, but Judge Somers is not a federal judge and he’s not in federal court enforcing federal laws. He has a sworn duty to uphold Michigan laws, and he is in dereliction of his duty with this ruling. Medical marijuana is legal under the laws of Michigan and judges sworn to uphold Michigan’s laws are bound by Michigan’s medical marijuana laws, regardless of the federal laws. “Federal law trumps state law?” That’s an oversimplification that often isn’t accurate, especially in a state courts enforcing state laws, and if Judge Somers paid attention in his constitutional law class in law school, he should know that. If he’s going to ignore Michigan law and the will of Michigan’s voters, he has no business wearing that robe.